Publications
Pennsylvania Supreme Court holds medical oncologist may offer standard of care testimony against otolaryngologist and radiation oncologist.
This case involved the interpretation of Sections 512(c) and (e) of the MCARE Act regarding standard of care testimony in a medical malpractice matter. Relying on dicta in Gbur v. Golio, 963 A.2d 443, 452 (Pa.
Case Law Alert - 3rd Qtr 2010
The Supreme Court of New Jersey resolved the tension between two leading precedents regarding post-settlement malpractice suits.
The Supreme Court of New Jersey allowed a legal malpractice suit to go forward in a ruling that clarified the circumstances in which clients who become disenchanted with settlements can sue their attorneys for negligence. In Guido v.
Case Law Alert - 3rd Qtr 2010
The age of 70 exception in New Jersey law against discrimination does not apply to non-renewal of existing employee's contract.
The plaintiff worked for the public entity Mercer County Community College for approximately 25 years, each year working on a yearly contract that had to be renewed for her to work the next year.
Case Law Alert - 3rd Qtr 2010
Internal documents of New Jersey State League of Municipalities not subject to public scrutiny under Open Public Records Act.
The New Jersey Appellate Court held that the New Jersey State League of Municipalities is not a government agency and, therefore, its internal documents are not subject to public scrutiny under the Open Public Records Act.
Case Law Alert - 3rd Qtr 2010
The composite employment incidents test: when may the New Jersey Division of Workers' Compensation invoke jurisdiction?
In April of 2000, the petitioner, a resident of Staten Island, New York, applied for a full-time position with United Parcel Service ("UPS") as a package delivery driver.
The nature of the treatment not the specialty that controls when determining the sufficiency of the affidavit of merit.
The decedent was part of a clinical trial concerning the dosage and food effects of a new medicine for schizophrenic patients.
Case Law Alert - 3rd Qtr 2010
The Supreme Court of Florida finds common law duty of polluters to protect economic interests of commercial fishermen.
The Supreme Court of Florida found that the economic loss rule does not preclude an action by fishermen against polluters who damaged the fishing industry in Tampa Bay.
Case Law Alert - 3rd Qtr 2010
The failure to accommodate may be an act that proves discrimination in a disability discrimination claim.
The plaintiff had a history of depression and was taking medicine which made her fall into a deep sleep and from which she had difficulty awakening in the morning.
Case Law Alert - 3rd Qtr 2010
United States District Court for Eastern District of Louisiana explains Florida's economic loss rule.
The court in the above action reviewed and applied Florida, Alabama and Louisiana law regarding the economic loss rule. As it pertains to Florida, relying upon Indemnity Insurance Co. of North America v.
Case Law Alert - 3rd Qtr 2010
District Court explains Florida's rule on causes of action for negligence against professionals.
In this case, Florida's Third District Court of Appeal, relying on Moransais v. Healthman, 744 So.2d 973 (Fla.
Case Law Alert - 3rd Qtr 2010